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| May 13, 2008 DOL Home > ESA > About ESA > FY2000 Annual Performance Plan |
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FY2000 Annual Performance Plan - REVISED AND FINAL
February 29, 2000PrefaceThe Employment Standards Administration (ESA) is an enforcement and benefit delivery agency in the U.S. Department of Labor. With the passage of the Government Performance and Results Act (GPRA), the Department of Labor and its Agencies began to look at strategic planning in a new way. Passage of the Government Performance and Results Act (GPRA) motivated us to view our strategic planning presentation with more of an eye toward the perspective of the American public, the businesses, and the workers that we serve. ESAs previous strategic plan was developed to cover fiscal years 1997 through 2002 and to support the goals of the Secretary of Labor. It is important that the Strategic Plan clearly delineate, for every reader, how ESAs goals directly support those of the Secretary and link program activities at all levels to the broader goals of the Department. To that end, work on the refinement of ESAs goals, measures and strategies and the development of the systems that support them continues. ESA is in the process of revising its Strategic Plan to cover fiscal years 1999 through 2004. In that developmental process, we have considered comments made by our reviewers and stakeholders in the Department and from external reviewers such as the Office of Management and Budget (OMB), the General Accounting Office (GAO), the Congress and those of our program stakeholders. Progress on the initial goals informed our planning as we developed goals for FY 2004. This Revised and Final FY 2000 Annual Performance Plan is directly related to ESAs developing Strategic Plan. ESAs previous three strategic goals have been replaced with two new strategic goals supported by a series of outcome goals more directly reflecting the format used by the Department and better delineating the work of the four major Program Offices in ESA. This document presents our new format and revised goals that relate to our strategic plan for fiscal years 1999 through 2004.
Table of Contents
_________________________________________________________________ FY 2000 Annual Performance Plan
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EMPLOYMENT STANDARDS ADMINISTRATIONStrategic Goals_________________________________________________________________ Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work related injuries, and safeguarding union democracy. Secure public confidence through excellence in the management and delivery of ESAs programs and services. |
ESAs strategic goals support the Departmental goals which integrate the objectives of all DOL agencies and programs to help Americas workers meet the challenges they face today and in the future. ESAs work is integral to the Departments success in achieving the Departmental strategic goals for A Secure Workforce and Quality Workplaces. The performance and outcome goals in ESAs Annual Performance Plan support both the Departmental and ESA strategic goals. The Departmental Strategic and Outcome Goals are:
U.S. DOL STRATEGIC AND OUTCOME GOALS_________________________________________________________________
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The mission of ESA is to enhance the welfare and protect the rights of American workers. |
As an enforcement and benefit delivery Agency, ESA is composed of four major programs: the Wage and Hour Division (WHD); the Office of Federal Contract Compliance Programs (OFCCP); the Office of Workers Compensation Programs (OWCP); and the Office of Labor-Management Standards (OLMS).
The Wage and Hour Division enhances the welfare and protects the rights of the nation's workers through enforcement of several Acts: the Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act; the Family and Medical Leave Act; the Migrant and Seasonal Agricultural Worker Protection Act; the Employee Polygraph Protection Act; field sanitation and housing standards in the Occupational Safety and Health Act; and, a number of employment standards and worker protections provided in the Immigration and Nationality Act. Additionally, the WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the McNamara-OHara Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.
The Office of Federal Contract Compliance Programs increases equal employment opportunities (EEO) for employees of Federal contractors. Through Executive Order 11246, the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Assistance Act of 1974, the Immigration and Nationality Act, and the Americans with Disabilities Act, OFCCP enforces equal opportunity standards and affirmative action for women, minorities, Vietnam era veterans, and persons with disabilities employed by the more than 200,000 contractors that participate in the Federal procurement process.
The Office of Workers Compensation Programs mitigates the financial burden on certain workers, or their dependents or survivors, resulting from work-related injury, disease, or death, through the provision of wage replacement and cash benefits, medical treatment, vocational rehabilitation, and other benefits. The Federal Employees Compensation Act (FECA) program provides income and medical cost protection and return-to-work services to civilian employees of the Federal Government injured at work, and to certain other designated groups. The Longshore and Harbor Workers Compensation Act (LHWCA) program provides similar protection to private sector workers engaged in certain maritime and related employment. The Black Lung Benefits program provides protection to the nations coal miners totally disabled by pneumoconiosis or to their survivors.
The Office of Labor-Management Standards promotes internal union democracy and financial integrity and protects certain rights of union members in administering and enforcing provisions of the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws. Under the LMRDA, OLMS resolves union member complaints concerning union officer elections, union trusteeships, and other matters pertaining to safeguards for union democracy; administers statutory safeguards for union funds and assets; and makes reports required of labor unions and others available for public disclosure. The Division of Statutory Programs assures that appropriate arrangements are in place to protect the rights of affected mass transit workers when federal funds are used to acquire, improve, or operate a transit system. These statutory requirements are set forth in section 5333(b) of Title 49 U.S. Code (formerly section 13(c) of the Federal Transit Act).
The vision of the ESA is to achieve universally applied fair practices in the American workplace. |
ESA will work to protect the rights of American workers and achieve compliance with the workplace laws it administers. We will work in partnership with leaders in business, industry, unions, city, State and local governments, public and non-profit interest groups, and other Federal agencies to increase the effectiveness of our enforcement and outreach efforts, to encourage voluntary compliance, and to assure equitable and fair workplaces. We will address customer and stakeholder interests and concerns by emphasizing quality in program administration and customer service, and will provide covered individuals who experience work-related injuries the best and most cost-effective assistance and services possible. ESA will also make effective, prudent use of available technology to accomplish program work and advance the statutory mandates of our programs.
In considering the agencys Strategic Plan for FY 1999 FY 2004, and to support the Secretarys Strategic and Outcome goals, ESA established two new strategic goals to replace its previous goals. Each of the new strategic goals is supported by five outcome goals to guide the development of programs and activities for the Agency. Through the Departmental and ESA strategic and outcome goals, ESA staff and the American public can see a direct link between ESAs mission and its activities.
ESA is focused on its vision of achieving universally applied fair practices in the American workplace. To that end, each of ESAs four major Program Offices, directed by legislative mandates, target resources to achieve the most effective results for the available resources. Through the collective efforts of each of ESAs four major Program Offices, workers and employers are better informed of their rights and responsibilities. Better and more readily available information generally results in behavior changes which improve compliance with the Fair Labor Standards Act, Equal Opportunity laws, the safeguarding of union democracy and the minimization of the impact of work-related injuries. For employers who are not voluntarily complying, however, enforcement is the result. Either way, change occurs in workplaces as a result of these efforts. Whether this workplace change is driven by compliance assistance, partnership, education, recognition or enforcement activities, the ultimate result is to create better workplaces, ESAs first strategic goal.
ESA and its major Program Offices are responsible for the stewardship of resources, trust funds, and the management of programs and services. To support the Program Offices in achieving their goals, ESAs strategic planning establishes a management framework which links the program, administrative and management operations of the agency. This helps ensure that the Program Offices in ESA work together to achieve the Agencys overall goals and that they are supported by the administrative and management systems and operations necessary for their goal accomplishment. Through effective management and integrated delivery of its various programs and services, ESA will demonstrate a positive impact on the welfare and rights of American workers which will secure public confidence, ESAs second strategic goal.
The following strategic and outcome goals demonstrate a unified purpose and direction for all of the programs within ESA.
EMPLOYMENT STANDARDS ADMINISTRATIONStrategic and Outcome Goals_________________________________________________________________
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Associated with each of the above goals are specific programs designed to implement key Departmental and ESA priorities including: compliance with labor standards laws and regulations - with particular emphasis on young workers - and union integrity standards; the provision of timely benefits for covered miners, longshore workers and Federal employees; effective intervention for injured Federal employees to enable them to recover to the full extent possible and to ensure that benefit funding will be available as intended for eligible employees; and preventing wage disparities as well as increasing compliance of Federal contractors with equal employment opportunity and non-discrimination provisions of their Federal contracts.
The Employment Standards Administration is the largest agency in the Department of Labor. ESA is organized into four major components: the Wage and Hour Division, the Office of Federal Contract Compliance Programs, the Office of Workers Compensation Programs, and the Office of Labor-Management Standards. An Assistant Secretary heads ESA and each program is headed by a Deputy Assistant Secretary or, in the case of the Wage and Hour Division, an Administrator. ESAs program staff are located in regional, district, area, and field offices throughout the country to ensure that the enforcement and benefit delivery programs are accessible to the American public. The ESA organization chart follows:

The FY 2000 budget of the Employment Standards Administration directly supports two of the Departmental strategic goals: A Secure Workforce and Quality Workplaces. The discussion which follows aligns ESAs budgeted resources with the Departmental strategic goals, describing the processes and resources to be used in Fiscal Year 2000 in advancing these goals and highlighting ESAs new initiatives.
Each DOL and ESA strategic goal consists of intermediate outcome goals that in turn contain specific ESA performance goals for the fiscal year. Each performance goal result is measured by an indicator, which is used to assess progress toward goal accomplishment.
While each ESA performance goal is presented with the alignment to both DOL and ESA strategic and outcome goals, the following narrative presentation of the final appropriation for the FY 2000 budget is presented with its direct alignment to the DOL goals.
In support of the Departmental Secure Workforce strategic goal, ESA promotes the economic security of workers and families. ESA is committed to protecting workers hours, wages, and other conditions when on the job; ensuring the fiscal integrity of the workers compensation benefit funds it administers; assisting injured Federal workers to expeditiously receive the care and assistance needed to return to work; and enforcing the standards for financial and democratic integrity of labor unions, which represent workers. Employer compliance with labor standards laws including young workers is both promoted and enforced by the Wage and Hour Division. The financial integrity of three benefit funds is the responsibility of the Office of Workers Compensation Programs. The Office of Labor-Management Standards administers and enforces standards for union democracy and financial integrity and certifies protections for certain transportation workers.
Approximately $316.0 million1 is budgeted for administrative expenses for the promotion of the economic security of workers and families in FY 2000. That figure represents $294.1 million in salaries and expenses, including $9.5 million for new initiatives, and $21.8 million from Fair Share funds in the FECA Special Benefits Account. The major new FY 2000 initiatives associated with this goal are described below:
1 Includes Program Direction and Support overhead.
New Initiatives to Increase Compliance with Worker Protection Laws
FY 2000 Wage and Hour Division
FY 2000 Office of Labor-Management Standards
New Initiatives to Protect Worker Benefits
FY 2000 Office of Workers' Compensation Programs:
Significant improvements in claims processing, case management, and customer service have characterized OWCP programs in recent years. OWCP has also been very successful in containing administrative and benefit costs and enhancing the security and integrity of its benefit funds. Technological improvement has been the cornerstone of these achievements. OWCP has increased automation of manual work processes, communications and information management. Additional resources are included in the FY 2000 budget to continue these achievements, specifically the extension of OWCPs ability to acquire and apply new information technologies. It should be noted that none of these activities are increased costs to General Revenues, rather each Special or Trust Fund will bear the costs.
FY 2000 FECA Program Initiatives:
FY 2000 Longshore Program Initiatives:
FY 2000 Black Lung Program Initiatives:
Resources were included to support OWCPs share of an ESA-wide information technology support initiative for managing, training, operating, and maintaining ESA ADP resources. ($249,000)
ESA is committed to fostering workplaces that allow equal opportunities for all employees paid with Federal contracting funds, including women, people of color, the disabled, and covered veterans. Nearly a quarter of the civilian workforceabout 26 million workersis employed by Federal contractors or subcontractors.
The ESA Office of Federal Contract Compliance Programs enforces the laws that require Federal contractors to take affirmative action to promote an equal employment opportunity workplace, and not discriminate. The laws are designed to advance equal employment opportunities generated by Federal taxpayers dollars so not to perpetuate employment discrimination on the basis of race, gender, national origin, religion, color, disability or status as a covered veteran. ESAs FY 2000 budget contains approximately $76.02 million including $5.2 million for the initiatives described below:
2 Includes Program Direction and Support overhead.
New Initiatives to Foster Equal Opportunity Workplaces
FY 2000 Office of Federal Contract Compliance Programs:
This section presents several items of information focused on the FY 2000 Performance Goals:
A summary of budgeted resources for each of the Departmental goals supported by ESA.
A summary of ESAs Performance Goals arrayed by ESAs Strategic and Outcome Goals. This summary includes references to those Performance Goals in ESAs Strategic Plan that originate subsequent to FY 2000 and do not appear in this Performance Plan.
Each of the FY 2000 Performance Goals and indicators are presented in tables by ESA Strategic and Outcome Goal with the alignment to the DOL goals. Each cluster of Performance Goals supporting an Outcome Goal is followed by the means and strategies that will be used by ESA in achieving the goals. Means and strategies for both sustained (continuing) efforts and new initiatives are identified.
The Performance Goal tables highlight the following:
DOL Strategic Goal The Departmental goal which ESAs performance goal supports.
DOL Outcome Goal The Departmental outcome to be achieved relative to the Departmental Strategic Goal.
ESA Strategic Goal The ESA Strategic Goal which ESAs performance goal supports.
ESA Outcome Goal The ESA Outcome Goal to be achieved relative to ESA Strategic Goal.
FY 2000 ESA Performance Goal The specific targets relative to the DOL and ESA outcome goals, which will be accomplished in FY 2000. The FY 1999 targets are included. Each budget activity supporting the Performance Goal is identified.
FY 1999 Performance Goal Results A brief statement of the end of year performance.
Supporting Budget Activity -- The program activity structure.
Indicator The measures that will be used to assess progress towards performance goal accomplishment.
Source of Data The measurement system(s) that will be used to collect performance indicator data.
Baseline The baseline year and baseline level against which progress will be evaluated.
Comment Issues related to goal accomplishment, measurement systems, and strategies that provide a context or description of the performance goal or indicator.
DOL STRATEGIC GOAL 2:A SECURE WORKFORCEPromote the economic security of workers and familiesIncrease compliance with worker protection
laws _________________________________________________________________ Total Budgeted Amount for this Goal in ESA3 |
DOL STRATEGIC GOAL 3:QUALITY WORKPLACESFoster quality workplaces that are safe, healthy, and fairFoster equal opportunity workplaces _________________________________________________________________ Total Budgeted Amount for this Goal in ESA3 |
3 Includes Program Direction and Support overhead.
A Summary of ESA Strategic Goal 1Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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ESA Outcome Goal |
ESA FY 2000 Performance Goals |
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1.1 Promote compliance with employment standards and worker protection laws
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1.1a Increase compliance with labor standards laws and regulations including young workers to 45% (6% increase over FY 1998 performance) in the Los Angeles garment industry and by 5% in poultry processing and the nursing home industry. Establish baselines for forestry and the agricultural commodity of garlic. 1.1b Baseline for this goal to be established in FY 2002 (goal not included in FY 2000 APP). 1.1c Baseline for this goal to be established in FY 2004 (goal not included in FY 2000 APP).1.1d To increase child labor compliance, establish baselines in the restaurant and grocery industries where data indicate that the risk of serious injury of young workers is greatest. (New Goal) 1.1e To increase child labor compliance among employers previously investigated, establish baselines in the restaurant and grocery industries where the data indicate that the risk of serious injury to young workers is greatest. (New Goal) 1.1f Increase compliance by 5% among employers, which were previous violators, and the subject of repeat investigations in the Los Angeles garment industry, poultry processing and nursing homes; and establish baselines for forestry and the agricultural commodity of garlic. |
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1.2a Protect standards for democratic union officer elections for union members by resolving 100% of election complaints filed under the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws within statutory timeframes. 1.2b Protect union financial integrity through appropriate enforcement action. 1.2c Achieve timely union reporting compliance such that a minimum of 87% of unions with annual receipts greater than $200,000 timely file union annual financial reports for public disclosure access. 1.2d Establish baseline for the number of union annual financial reports filed for public disclosure access that meet standards of acceptability. |
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| 1.3 Minimize the human, social, and financial impact of work-related injuries. | 1.3a Return Federal employees to work
following an injury as early as appropriate as indicated by a 9% reduction
from the baseline in the average number of production days lost due to disability.
Reduce number of lost production days to 173 days in QCM cases only and
establish baseline for all cases. 1.3b Increase employing agency timeliness in submitting notices of injury to 53% within 14 days. |
| 1.4 Protect the rights of affected mass transit workers when Federal grant funds are used to acquire, improve, or operate a transit system. | 1.4a Issue 100% of transit employee protection certifications within established timeframes. |
| 1.5 Reduce the incidence of federal contractors out of compliance with their contractual Equal Employment Opportunity (EEO) obligations. | 1.5a Increase by 5% (over FY 1999
performance) the number of Federal contractors brought into compliance with
the EEO provisions of federal contracts via OFCCPs compliance evaluation
procedures. 1.5b To increase compliance with the equal employment opportunity requirements among Federal contractors, establish a methodology by the end of FY 2000 to measure the effectiveness of OFCCPs education, technical assistance and outreach efforts. (New Goal) 1.5c To narrow the wage gap for protected groups within the Federal contractor reporting community, establish a methodology by the end of FY 2000 to identify wage disparities. (New Goal) |
A Summary of ESA Strategic Goal 2Secure public confidence through excellence in the management and delivery of ESAs programs and services. |
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ESA Outcome Goal |
ESA FY 2000 Performance Goals |
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2.1 Respond effectively to legal mandates.
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2.1a Each area of the country will be surveyed for all four types of construction at least every three years, and the resulting wage determinations validly reflect locally prevailing wage/benefits. In FY 2000, implement scanning technology and develop knowledge management technology; and complete analysis of BLS data and decide whether a Davis-Bacon reengineering or reinvention approach will be pursued in FY 2001. 2.1b Implement new Service Contract Act (SCA) wage determination methodology and ensure that the Davis-Bacon Act (DBA) wage determination issuance process keeps pace with wage survey process improvements. |
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2.2a Improve customer satisfaction with FECA services by 6 percentage points (over FY 1997 base) as measured by an index of customer survey scores and other measures. Establish new baseline. 2.2b Improve the quality of claims actions as measured by average accountability review Quality Index scores to 76.5. |
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| 2.3 Enhance the fiscal integrity of managed public trust funds. | 2.3a Produce $66 million in
cumulative first-year savings (FY 1999-2000) through Periodic Roll
Management. 2.3b In the FECA program, save an additional $5 million over FY 1999 compared to amounts charged through full-year implementation of fee schedules for inpatient hospital and pharmacy services; and save $1.5 million compared to amounts charged for physician services through the Correct Coding Initiative. |
| 2.4 Foster organizational excellence and increase collaboration. | 2.4a To increase customer
satisfaction among employers subject to Wage and Hour enforcement intervention,
establish baseline in FY 2000. 2.4b This goal was completed in FY 1999. 2.4c Reduce the average time required to reach a Longshore and Harbor Workers Compensation Program case resolution in cases with disputed issues when measured against the baseline. In FY 2000, complete system programming for entering and generating goal-related data and establish a performance baseline after data analysis. 2.4d Increase black lung benefit claims for which, following an eligibility decision by the district director, there are no requests for further action from any party pending one year after receipt of the claim. In FY 2000, finalize and implement new regulations. Develop materials to provide all parties with information about the revised claims development and adjudication process. 2.4e Increase customer satisfaction with OFCCP services by 1% over the FY 1999 performance. |
| 2.5 Design and implement management systems and procedures to support ESA goals and objectives. | 2.5a Assure that ESA
financial systems substantially comply with applicable Federal law,
regulations, and accounting standards, and that 4 of ESAs 5 financial
systems are free from material non-conformance. 2.5b Expand the ESA Wide Area Network (WAN) to provide increased performance and scalability of access to ESA Information Systems for ESA regional staff; upgrade remote access technology to provide more services to flexiplace workers in support of an increasing number of participants; and develop a "warm/hot" site capability for ESAs Information Technology (IT) applications and service. 2.5c Perform vulnerability assessment as required by the Presidential Decision Directive (PDD) - 63 Critical Infrastructure Protection Plan (CIPP) and OMB circular A-130, and revise ESAs IT Disaster Recovery Plan. 2.5d Train two additional DHRM training specialists with the skills/abilities to produce computer-based training courses. 2.5e Develop and deliver quality training for the Federal Employees Compensation (FEC) programs "imaged" environment. In FY 2000, begin training FEC Claims Examiners (CEs) in the use of imaging software. |
ESA Strategic Goal l: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.
ESA Outcome Goal 1.1Promote Compliance with Employment Standards and Worker Protection Laws |
ESA seeks to impact or change the behavior and practices of whole industries, particularly those in which violations are most likely to occur the low-wage industries and those employing young workers. These industries are also most likely to employ vulnerable workers who often wont complain about violations or are less informed about their workplace rights. Domestic child labor is a priority of the Secretary and is included in this goal.
The FY 2000 performance goals and indicators for this Outcome Goal follow.
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.1: Promote compliance with employment standards and worker protection laws | ||
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1.1a |
FY 2000 ESA Performance Goal (DOL Strategic Plan 2.1A)
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Increase compliance with labor standards laws and regulations including young workers to 45% (6% increase over FY 1998 performance) in the Los Angeles garment industry and by 5% in poultry processing and the nursing home industry. Establish baselines for forestry and the agricultural commodity of garlic. FY 1999 (Rev):
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| Supporting Budget Activity | Wage and Hour Division: P&F Schedule
Activity #1 Program Direction and Support: P&F Schedule Activity #4 |
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| FY 1999 Performance Results | The garment goal was not met. To assure goal will be met in the future, developed compliance education and strike forces. Also cases will continue to be developed for criminal prosecution and a new office will be opened in Brooklyn. The remaining goals were met. Established compliance baseline of 65% for lettuce, 49% for cucumbers, and 42% for onions. A compliance baseline of 57% for residential health care (assisted living facilities) was also established during FY 1999. | |
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Indicator |
Trends in compliance/violation rates by industry (NAIC Code); changes in results of compliance surveys in targeted industries. |
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Data Source |
Wage Hour Investigator Support and Reporting Database (WHISARD); results of compliance surveys |
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Baseline |
Industry/sector-specific baseline data 79% compliance in the San Francisco garment industry (FY1997) |
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Comment |
Because there is no unbiased industry-wide database on labor standards violations or compliance, Wage and Hour faces a challenge in determining industry-wide levels of compliance, measuring changes in compliance and attributing causality for any changes. To determine the impact of Wage and Hour efforts, a statistically sound method for establishing baselines and measuring compliance was developed using investigation-based compliance surveys of targeted industries and areas. Based on results, specific industries and/or industry sectors will be resurveyed every 2 to 3 years. |
Note: Goals 1.1b and 1.1c are not included in FY 2000 APP (baselines for these goals to be established in FY 2002)
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.1: Promote compliance with employment standards and worker protection laws | ||
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1.1d |
FY 2000 ESA Performance Goal (DOL Strategic Plan 2.1C) |
To increase child labor compliance, establish baselines in the restaurant and grocery industries where data indicate that the risk of serious injury of young workers is greatest. FY 1999: New goal for FY 2000 |
| Supporting Budget Activity |
Wage and Hour Division: P&F Schedule Activity #1 |
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| FY 1999 Performance Results | N/A | |
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Indicator |
Trends in compliance rates in those selected industries (NAIC code) where data indicate risk of serious injury to young workers is greatest. Specific program interventions to be completed during FY 2001 will be determined based on assessment of the results of the FY 2000 compliance survey. Targeted percentage of program improvement will be set following assessment of the results of the FY 2000 compliance survey. Accomplishment of targeted improvement will be measured by the FY 2002 compliance survey. |
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Data Source |
Wage Hour Investigator Support and Reporting Database (WHISARD); results of compliance surveys; industry data indicating serious injuries of young workers. |
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Baseline |
Baselines for the restaurant and grocery industries to be established in FY 2000. |
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Comment |
Because there is no unbiased industry-wide database on labor standards violations or compliance, Wage and Hour faces a challenge in determining industry-wide levels of compliance, measuring changes in compliance and attributing causality for any changes. To determine the impact of Wage and Hour efforts, a statistically sound method for establishing baselines and measuring compliance was developed using investigation-based compliance surveys of targeted industries and areas. Based on results, specific industries and/or industry sectors will be resurveyed every 2 to 3 years. |
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.1: Promote compliance with employment standards and worker protection laws | ||
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1.1e |
FY 2000 ESA Performance Goal (DOL Strategic Plan 2.1D) |
To increase child labor compliance among employers previously investigated, establish baselines in the restaurant and grocery industries where data indicate that the risk of serious injury to young workers is greatest. FY 1999: New goal for FY 2000 |
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Supporting Budget Activity |
Wage and Hour Division: P&F Schedule
Activity #1 Program Direction and Support: P&F Schedule Activity #4 |
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| FY 1999 Performance Results | N/A | |
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Indicator |
Trends in compliance rates in those selected industries (NAIC code) where data indicate risk of serious injury to young workers is greatest. Specific program interventions to be completed during FY 2001 will be determined based on assessment of the results of the FY 2000 compliance survey. Targeted percentage of program improvement will be set following assessment of the results of the FY 2000 compliance survey. Accomplishment of targeted improvement will be measured by the FY 2002 compliance survey. |
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Data Source |
Wage Hour Investigator Support and Reporting Database (WHISARD); results of compliance surveys; industry data indicating serious injuries of young workers. |
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Baseline |
Baselines for the restaurant and grocery industries to be established in FY 2000. |
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Comment |
This goal is to increase the level of compliance as a result of a Wage and Hour enforcement intervention. Data on entities covered in an investigation-based compliance survey that have previously been investigated by Wage and Hour, will be analyzed to compare those entities compliance to the rest of the survey universe and to the entities prior compliance history. Data on the outcomes or repeat investigations will also be used to evaluate the relative effectiveness, or return on investment, of the various types of interventions. Based on results, specific industries and/or industry sectors will be resurveyed every 2 to 3 years. |
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.1: Promote compliance with employment standards and worker protection laws | ||
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1.1f |
FY 2000 ESA Performance Goal (DOL Strategic Plan 2.1B)
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Increase compliance by 5% among employers, which were previous violators, and the subject of repeat investigations in the Los Angeles garment industry, poultry processing and nursing homes; and establish baselines for forestry and the agricultural commodity of garlic. FY 1999 (Rev):
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| Supporting Budget Activity | Wage and Hour Division: P&F Schedule Activity
#1 Program Direction and Support: P&F Schedule Activity #4 |
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| FY 1999 Performance Results | Goal was met. Compliance baselines of 86% and 52%, respectively, were established for the San Francisco and New York City garment industries. Established compliance baseline of 43% for lettuce, 42% for onions and 37% for cucumbers. Established baseline of 55% in residential health care (assisted living facilities). | |
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Indicator |
Trends in compliance/violation rates by industry (NAIC Code); changes in results of compliance surveys in targeted industries. |
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Data Source |
Wage Hour Investigator Support and Reporting Database (WHISARD); results of compliance surveys |
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Baseline |
Industry/sector-specific baseline data 25% compliance in the reinvestigated Los Angeles garment industry (1998) Baseline for forestry and garlic to be determined |
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Comment |
This goal is to increase the level of compliance as a result of a Wage and Hour enforcement intervention. Data on entities covered in an investigation-based compliance survey that have previously been investigated by Wage and Hour, will be analyzed to compare those entities' compliance to the rest of the survey universe and to the entities prior compliance history. Data on the outcomes or repeat investigations will also be used to evaluate the relative effectiveness, or return on investment, of the various types of interventions. Based on results, specific industries and/or industry sectors will be resurveyed every 2 to 3 years. |
Operating Program: Wage and Hour Division
Sustained Efforts in FY 2000:
Significant New or Enhanced Efforts in FY 2000:
ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.
ESA Outcome Goal 1.2Safeguard Union Democracy and Financial Integrity |
ESA safeguards union democracy and financial integrity in administering its responsibilities under the Labor-Management Reporting and Disclosure Act (LMRDA). The timely resolution of complaints brought by union members under the LMRDA regarding union officer elections is an important safeguard for union democracy and a critical ESA responsibility. Enforcement actions that result from agency investigation of union funds embezzlement and other criminal violations are of vital importance in protecting union assets and financial integrity for the membership. The timeliness, accuracy, and completeness of union financial reports filed with ESA are central to a key objective of the LMRDA to promote and assist union democracy and financial integrity through the public disclosure of reported information.
The FY 2000 performance goals and indicators for Outcome Goal 1.2 follow.
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.2: Safeguard union democracy and financial integrity. | ||
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1.2a |
FY 2000 ESA Performance Goal
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Protect standards for democratic union officer elections for union members by resolving 100% of election complaints filed under the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws within statutory timeframes. FY 1999: New goal for FY 2000. |
| Supporting Budget Activity | Office of Labor-Management Standards:
P&F Schedule Activity #5 Program Direction and Support: P&F Schedule Activity #4 |
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| FY 1999 Performance Results | N/A | |
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Indicator |
Percentage of union member complaints timely investigated and resolved by appropriate dispositive action. |
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Data Source |
OLMS Case Data System |
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Baseline |
100% |
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Comment |
The timely resolution of union officer
election complaints is an important safeguard for union democracy of direct
benefit to union members. All such complaints filed under the LMRDA must be
investigated and enforcement action, when warranted, must be filed within
strict statutory time limits. Note: The agency has a legal obligation to investigate all union officer election complaints filed by members in accordance with the LMRDA and to initiate enforcement action when warranted within strict statutory time limits. Therefore, the annual target is 100%. |
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.2: Safeguard union democracy and financial integrity. | ||
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1.2b |
FY 2000 ESA Performance Goal |
Protect union financial integrity through appropriate enforcement action. FY 1999: New goal for FY 2000. |
| Supporting Budget Activity |
Office of Labor-Management Standards: P&F Schedule Activity
#5 |
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| FY 1999 Performance Results | N/A | |
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Indicator |
Performance indicators demonstrating protection of union assets and financial integrity include the number of individuals barred from union office-holding and employment due to convictions resulting from agency investigation. |
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Data Source |
OLMS Case Data System |
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Baseline |
No performance target is suitable for this goal; therefore, no baseline data is provided. |
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Comment |
Union protections resulting from criminal
enforcement action are important safeguards for union democracy and financial
integrity. Note: Significant indicators of program impact on union financial integrity include the number of individuals convicted of embezzlement and other crimes that are barred from union office and employment as a result of OLMS enforcement actions. These can only be determined at the end of a given fiscal year; therefore, targets have not been included for this goal. |
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.2: Safeguard union democracy and financial integrity. | ||
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1.2c |
FY 2000 ESA Performance Goal (DOL Strategic Plan 2.1E) |
Achieve timely union reporting compliance such that a minimum of 87% of unions with annual receipts greater than $200,000 timely file union annual financial reports for public disclosure access. FY 1999: Increase by 6% (to 85%).
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| Supporting Budget Activity |
Office of Labor-Management Standards: P&F Schedule Activity
#5 |
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| FY 1999 Performance Results | 89.8% of unions with annual receipts greater than $200,000 timely filed union annual financial reports for public disclosure access. | |
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Indicator |
Percentage of financial reports timely filed for public disclosure availability. |
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Data Source |
Labor Organization Reporting System |
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Baseline |
Timely filing of annual financial reports required of unions with annual receipts over $200,000: 79% in FY 1997. |
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Comment |
The indicators reflect union compliance
with laws established to ensure democratic practices and financial integrity in
unions in the American workforce. |
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.2: Safeguard union democracy and financial integrity. | ||
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1.2d |
FY 2000 ESA Performance Goal |
Establish baseline for the number of union annual financial reports filed for public disclosure access that meet standards of acceptability. FY 1999: New goal for FY 2000. |
| Supporting Budget Activity |
Office of Labor-Management Standards: P&F Schedule Activity
#5 |
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| FY 1999 Performance Results | N/A | |
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Indicator |
Percentage of filed union reports that meet established agency standards of acceptability. |
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Data Source |
Labor Organization Reporting System |
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Baseline |
To be established in FY 2000 |
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Comment |
The accuracy and completeness of
statutorily required union financial reports is critical to objectives of the
LMRDA to promote union democracy and financial integrity through the public
disclosure of reported information. |
Operating Program: Office of Labor-Management Standards
Sustained Efforts in FY 2000:
Significant New or Enhanced Efforts in FY 2000:
ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.
ESA Outcome Goal 1.3Minimize the Human, Social, and Financial Impact of Work-Related Injuries |
ESAs Federal Employees Compensation Act (FECA) program places its strategic emphasis on prompt adjudication and payment of benefits, early intervention in new injuries to reduce days lost from work, active disability management, and prompt and appropriate return to the workplace. FECA also promotes joint efforts with employers and claimant representatives in assisting workers, reporting disability promptly, and making work available early. As FECA provides better information to customers and stakeholders through improved technology, agencies and unions can play a role in relaying accurate, timely information between injured workers and FECA, making all employees aware of safety and compensation issues. FECA can also help agencies provide appropriate light duty job opportunities, and effectively manage compensation costs.
The FY 2000 performance goals and indicators for this Outcome Goal follow.
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.2: Protect Worker Benefits |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.3: Minimize the human, social, and financial impact of work-related injuries. | ||
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1.3a |
FY 2000 ESA Performance Goal (DOL Strategic Plan 2.2D |
Return Federal employees to work following an injury as early as appropriate as indicated by a 9% reduction from the baseline in the average number of production days lost due to disability. Reduce number of lost production days to 173 days in QCM cases only and establish baseline for all cases. FY 1999: Reduce to 178 days (QCM cases only). |
| Supporting Budget Activity | Office of Workers Compensation
Programs: P&F Schedule Activity #3 Program Direction and Support: P&F Schedule Activity #4 |
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| FY 1999 Performance Results | This goal has been exceeded. Average LPD
for cases measured in FY 1999 was 173 days against a target of 178 days. This
is nearly a 9 % reduction compared to the FY 1997 baseline. The 16-day reduction compared to the FY 1997 baseline represents a savings in compensation benefits of $9.6 million for the cases measured. |
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Indicator |
Average number of days lost due to disability for all cases. |
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Data Source |
Federal Employees Compensation Act (FECA) data systems |
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Baseline |
Interim baseline for Quality Case Management (QCM) cases only is the FY 1997 actual 189 workdays. The baseline for all cases to be established in FY 2000. |
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Comment |
In FY 2000 ESA is establishing a new
baseline covering all federal employee injuries. Data for this much larger
cohort will require federal agency capture and reporting of "Continuation of
Pay" data not currently available. The Presidential Initiative "Federal Worker
2000" sets a goal for agencies to reduce disability data, and will give impetus
to data collection. |
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.2: Protect Worker Benefits |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.3: Minimize the human, social, and financial impact of work-related injuries. | ||
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1.3b |
FY 2000 ESA Performance Goal |
Increase employing agency timeliness in submitting notices of injury to 53% within 14 days. FY 1999: 51%. |
| Supporting Budget Activity | Office of Workers Compensation
Programs: P&F Schedule Activity #3 Program Direction and Support: P&F Schedule Activity #4 |
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| FY 1999 Performance Results | The goal has been exceeded. Overall filing time of Notice of Injury reports improved again in FY 1999 to 52.7 percent within 14 days, or 11.7 percentage points above baseline. | |
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Indicator |
Average time between agency supervisors authorization and receipt of claim forms by FECA. |
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Data Source |
FECA data systems |
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Baseline |
FY 1997 average: 41%. |
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Comment |
This goal focuses on FECAs
partnership relationship with the Federal employers and their role in providing
services to their injured employees. Agencies prompt injury reporting
supports FECA program goals to intervene earlier in new injury cases to speed
recovery and return to work and, overall, to provide better services to injured
workers. The Presidential initiative Federal Worker 2000 will focus Federal
employers on achieving this goal. |
Operating Program: Office of Workers Compensation Programs
Sustained Efforts in FY 2000:
Significant New or Enhanced Efforts in FY 2000:
ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.
ESA Outcome Goal 1.4Protect the Rights of Affected Mass Transit Workers when Federal Grant Funds are used to Acquire, Improve, or Operate a Transit System |
Under Federal transit law, the Agency certifies that fair and equitable protective arrangements are in place for transit employees when Federal grant funds are used to acquire, improve, or operate a transit system. The issuance of these certifications within established timeframes is critical to protecting the rights of mass transit workers affected by these projects.
The FY 2000 performance goal and indicator for Outcome Goal 1.4 follow.
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DOL Strategic Goal 2: A Secure Workforce Promote the economic security of workers and families |
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DOL Outcome Goal 2.2: Protect Worker Benefits |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.4: Protect the rights of affected mass transit workers when grant funds are used to acquire improve, or operate a transit system. | ||
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1.4a |
FY 2000 ESA Performance Goal |
Issue 100% of transit employee protection certifications within established timeframes. FY 1999: 100%. |
| Supporting Budget Activity |
Office of Labor-Management Standards: P&F Schedule Activity
#5 |
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| FY 1999 Performance Results | In FY 1999, 98% of employee protection certifications were completed (950) within 60 days of referral, as provided for in the Guidelines. Ten certifications that presented complex issues or unusual circumstances were not certified within the established 60-day period. Delays in certification may be encountered when an application does not contain sufficient information for a referral/review and certification, when complex issues relating to the application must be resolved before an application can be processed, or when the parties are in dispute over terms and conditions and the dispute is not resolved in a timely way. | |
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Indicator |
Number of employee protection certifications completed within 60 days. |
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Data Source |
Employee Certification Tracking System |
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Baseline |
FY 1997: 96%. |
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Comment |
The timely issuance of employee protection
arrangement certifications is critical to protecting the rights of mass transit
workers when Federal funds are used to acquire, improve, or operate a
system. |
Operating Program: Office of Labor-Management Standards
Sustained Efforts in FY 2000:
ESA will issue employee benefit protection certifications in a streamlined manner to ensure the timely release of federal transit grant funds by the Department of Transportation (DOT). (1.4a)
ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.
ESA Outcome Goal 1.5Reduce the Incidence of Federal Contractors Out of Compliance with their Contractual Equal Employment Opportunity Obligations |
Protection of civil rights and assurances of quality workplaces should not be solely dependent upon finding violations. Excellent quality and readily available public education, outreach, and technical assistance result in an increased number of contractors found in compliance. This helps prevent discrimination in the workplace. Interactive technical assistance web applications, successful town hall meetings, quality and relevant outreach and public education are deterrents to discrimination. A Secretarial priority and a special focus for ESA are issues involving equal pay.
The FY 2000 performance goals and indicators for this Outcome Goal follow.
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DOL Strategic Goal 3: Quality Workplaces Foster quality workplaces that are safe, healthy, and fair |
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DOL Outcome Goal 3.2: Foster Equal Opportunity Workplace |
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ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy. |
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| ESA Outcome Goal 1.5: Reduce the incidence of federal contractors out of compliance with their contractual Equal Employment Opportunity (EEO) obligations. | ||
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1.5a |
FY 2000 ESA Performance Goal (DOL Strategic Plan 3.2A) |
Increase by 5% (over FY 1999 performance) the number of Federal contractors brought into compliance with the EEO provisions of federal contracts via OFCCPs compliance evaluation procedures. FY 1999 (Rev): Establish new baseline.
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| Supporting Budget Activity |
Office of Federal Contract Compliance Programs: P&F Schedule
Activity #2 |
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| FY 1999 Performance Results | Ninety-three percent of the goal was met.
In FY 1999, OFCCP brought fewer Federal contractors into compliance because it
was found that more Federal contractors were already in compliance for various
reasons. OFCCP brought 2,648 contractors into compliance. The proportion of contractors found to be in compliance has increased by 66 percent since 1994. A number of factors have led to increased awareness among Federal contractors and contributed to this outcome, including, ESAs outreach programs, public education, voluntary compliance awards, industry best practices, and technical assistance efforts. In addition, workhours expended on technical assistance to Federal contractors increased by 30 percent over FY 1998, from 29,232 hours in FY 1998 to 37,966 hours in FY 1999. |
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Indicator |
Number of Federal contractors brought into compliance following a compliance evaluation, a compliance check, or a complaint investigation conducted by the Office of Federal Contract Compliance Programs (OFCCP). |
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Data Source |
Case Management System |
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Baseline |
FY 1999 baseline: 2,648. |
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Comment |
This goal is to increase the level of
compliance as a result of OFCCP intervention through enforcement and compliance
assistance efforts. |
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DOL Strategic Goal 3: Quality Workplaces Foster quality workplaces that are safe, healthy, and fair |
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DOL Outcome Goal 3.2: Foster Equal Opportunity Workplace |
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